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  • EEO Compliance TrainingEEO Compliance Training for Managers and Supervisors

    Presented by

    R WilRay WilsonEEO Specialist

  • OLearning Objectives

    Briefly review and discuss major anti-discrimination laws.

    Increase awareness of workplace harassment, including types not always obviousnot always obvious.

    Learn techniques for identifying and preventing workplace discrimination, harassment, and retaliation.discrimination, harassment, and retaliation.

    Review and understand the significant aspects of the agencys reasonable accommodation procedures.

    Understand the significant stages in the federal sector EEO complaint process, including the option of ADR.

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  • Rationale for EEO Compliance Training EEO is the law. As agents

    for the DA supervisors bearfor the DA, supervisors bear legal responsibilities.

    EEO training for federal managers and supervisors ismanagers and supervisors is required.

    EEO case law is constantly changingchanging.

    Economic and moral imperative: ignorance results in costly complaints loss ofin costly complaints, loss of productivity, and poor morale.

    We are here to help!

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    We are here to help!

  • The VisionThe VisionEEO and Diversity are separate but

    symbiotic functions essential to the success ofsymbiotic functions essential to the success of the DA as a high-performing organization

    EEOEEO Set of laws and policies

    that mandate all individuals rights to equal

    Diversity Proactive efforts to promote

    inclusiveness and respect individuals rights to equal employment opportunity, irrespective of race, color, sex, sexual orientation,

    differences in the workforce, which reflect the changing profile of our world.

    national origin, religion, age, disability, or participation in protected EEO activity

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    EEO activity.

  • Anti Discrimination La sAnti-Discrimination Laws Equal Pay Act of 1963 (EPA):Equal Pay Act of 1963 (EPA):

    Protects men and women who perform substantially equal work from sex-based wage discrimination.

    Title VII of the Civil Rights Act of 1964:Prohibits discrimination based on race, color, sex, religion, national origin and retaliationnational origin, and retaliation.

    The Age Discrimination In Employment Act of 1967 (ADEA):Protects employees and job applicants who are 40 years of age or older from employment discrimination based on age.

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  • Anti Discrimination LawsAnti-Discrimination Laws The Rehabilitation Act of 1973:The Rehabilitation Act of 1973:

    Applicable sections prohibit discrimination in federal employment against qualified individuals with disabilities.

    Also requires employers to provide reasonable Also, requires employers to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment.

    The Civil Rights Act of 1991: The Civil Rights Act of 1991: Provides right to a jury trial and monetary damages in cases

    of employment discrimination. The NO FEAR ACT (Effective Oct 1 2003): The NO FEAR ACT (Effective Oct. 1, 2003):

    Prohibits discrimination and retaliation against federal workers for participating in EEO process or whistle-blower activities

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    activities.

  • Anti-Discrimination Laws

    The Genetic Information Nondiscrimination Act of 2008: Prohibits use of genetic information in health insurance

    and employment.and employment.

    The Lilly Ledbetter Fair Pay Act of 2009:The 180 day statute of limitations for filing an equal pay The 180-day statute of limitations for filing an equal-pay lawsuit resets with each new discriminatory pay check.

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  • Theories of DiscriminationTheories of DiscriminationThe courts and the U.S. Equal Employment q p yOpportunity Commission (EEOC) have identified a number of discrimination theories in adjudicating EEO complaints:

    Disparate Treatment Adverse Impact Harassment/Hostile Environment Harassment/Hostile Environment Retaliation

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  • Workplace HarassmentWorkplace Harassment

    Harassment is any unwelcome verbal or physical conductbased on race, color, sex (regardless of whether it is sexual in nature), sexual orientation, national origin, age, disability, or retaliation that is so offensive as to alter the condition of the victims employment.

    This standard is met when: The conduct culminates in a tangible employment

    action, oract o , o The conduct is sufficiently severe or pervasive as to create

    a hostile work environment.

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  • Hostile Work EnvironmentHostile Work Environment A hostile work environment is created by unwelcome conduct

    h i ithat is severe or pervasive. The key issues are frequency and severity. The more

    severe the conduct, the less frequent it must be to rise to the level of a hostile environment The less severe thethe level of a hostile environment. The less severe the conduct, the more frequently it must occur to constitute a hostile environment.

    The conduct must be viewed as objectionable not only from j ythe standpoint of the victim/target but also from the perspective of a reasonable person in similar circumstances. A i th k l it thi t f h t Anyone in the workplace can commit this type of harassment: a supervisor or manager, co-worker, or even a non-employee.

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  • Agency LiabilityFor Harassment by Management Official

    An agency is automatically liable for harassment by a An agency is automatically liable for harassment by a management official that results in a tangible employment action regardless of whether upper management had knowledge of it.knowledge of it.

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  • Agency LiabilityFor Harassment by Co-workers

    If harassment by a co-worker creates a hostile environment If harassment by a co-worker creates a hostile environment, the agency is liable if it knew or should have known of the conduct and failed to take immediate and appropriate corrective action.

    Example of co-worker harassment: When a female complains about the vulgar language and jokes that routinely fill the break room, her male co-workers tell her to, lighten up and get use to it because thats how the boys behave get use to it, because that s how the boys behave. Do you think that management should have known of the

    objectionable conduct that occurred in the break room? Discuss the potential agency liability Discuss the potential agency liability. How would you as the manager handle this situation?

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  • Pre enting Workplace HarassmentPreventing Workplace Harassment Avoid initiating or participating in any behavior that may be g p p g y y

    misconstrued as possible harassment, including the following types of behavior: Verbal: unwelcome comments, yelling, offensive jokes

    t ior stories; Visual: offensive pictures, photos, cartoons, posters

    calendars, magazines or objects; Physical: unwelcome touching hugging kissing Physical: unwelcome touching, hugging, kissing,

    stroking, ogling or suggestive gestures; Written: unwelcome letters, notes or e-mails of a

    personal naturepersonal nature.(please note that participation in or acquiescence to

    objectionable behavior does not necessarily mean that the behavior is welcome)

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  • Preventing Workplace HarassmentPreventing Workplace Harassment

    Avoid sexual, racial, ethnic, cultural, age/disability related g yjokes, epithets, comments, and e-mails.

    Respect a persons indication that conduct or attention is not welcome.

    Do not invade another individuals personal space Do not invade another individual s personal space. Clearly inform those engaging in offensive behavior that you

    find it objectionable. Report observed instances of behavior that you believe qualify

    as harassment.

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  • Religious Harassment

    Religious harassment is discriminatory treatment based on a persons:

    Affiliation with a particular religious group; Affiliation with a particular religious group;

    Display of physical or cultural traits commonly associated with a particular religion;

    Perception or belief that someone else is a member of a religious group (whether true or not);

    D th l l i t d ith ti l Dress or other apparel commonly associated with a particular religion; and

    Association with a religious person, individual or organization.

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  • Under Title VII, an agency has the duty of reasonable

    Religious Accommodationg y y

    accommodation for sincerely held religious beliefs and practices unless to do so would cause an undue hardship.

    Examples of religious accommodations: Examples of religious accommodations: Work schedules - The most likely accommodation

    to be requested is flexibility in the regular work schedule to participate in some religious practice

    Allowing employee to make up hours Granting leave for religious observances Granting time or place to pray

    Allowing religious dress Allowing religious dress Not scheduling or holding meetings on religious

    days of observance Honoring dietary requirements at meetings or g y q g

    trainings16

  • Supervisors Responsibilities For Harassment Prevention

    Treat allegations seriously and confidentially. Do not ignore g y y gany allegation.

    Be proactive, monitor workplace behaviors. Post/disseminate EEO Policy.

    Respond to allegations immediately Respond to allegations immediately. Investigate, as appropriate, and document.

    Be sensitive but impartial. Interview parties and relevant witnesses Interview parties and relevant witnesses. Ask open-ended questions. Collect relevant document

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